About South Carolina's Rape Law

Individuals in South Carolina who have been arrested for felony Criminal Domestic Violence ("DVHAN") are regularly also charged with companion charges. One such charge is Criminal Sexual Conduct or Rape. This charge may occur when the alleged victim of the domestic violence accuses the defendant of a forcable sexual encounter.

Rape, or forcible sexual assault, is called Criminal Sexual Conduct ("CSC"). South Carolina's rape or CSC law is codified in S.C. Code § 16-3-652. This is a class "A" felony punishable by up to thirty years in prison. It is prosecuted in the Court of General Sessions by the Solicitor's office.

In order to be convicted of CSC the State must prove that the defendant commited a sexual battery with the use of aggravated force, or while in the commission of a serious crime or after incapacitating the alleged victim. If the alleged victim of a rape in South Carolina is a household member, as defined by the CDV statute, but not a current spouse the defendant may also be charged with this statute. If the alleged victim of a rape is a current spouse the defendant may be charged under the Spousal Sexual Battery statute. The most significant difference between the two statutes is that Criminal Sexual Conduct carries twenty more years in prison.

As described herein Criminal Sexual Conduct refers to South Carolina's general violent rape statute. For more information on Criminal Sexual Conduct with a Minor please refer to our general South Carolina Criminal Law website.